By the authority vested in me as President by the Constitution and
the laws of the United States of America, including section 361(b) of
the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered
as follows:

Section 1. Based upon the recommendation of the Secretary of
Health and Human Services, in consultation with the Surgeon General,
and for the purpose set forth in section 1 of Executive Order 13295 of
April 4, 2003, section 1 of such order is amended by adding at the end
thereof the following new subsection:

"(c) Influenza caused by novel or reemergent influenza viruses
that are causing, or have the potential to cause, a pandemic.".

Sec. 2. This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, entities, officers, employees or agents, or any other
person.